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In recent years, with the diversification of employment forms and employers, labor dispute cases have taken on new characteristics. Focusing on "comprehensively building a new Daxing that is livable and workable, and a prosperous and open new country", on April 30, the Daxing Court held a press briefing on the trial of labor dispute cases and typical cases in Daxing District, and released the White Paper on the Trial of Labor Disputes in Daxing District (2021-2023), which analyzed the trial, main characteristics and work measures of labor dispute cases in Daxing District accepted by the court, put forward the work plan for building harmonious labor relations, and released seven typical cases. The briefing was presided over by Shan Zuguo, deputy secretary of the party group and vice president of the Daxing Court.
Ren Xitang, a full-time member of the adjudication committee of the Daxing Court, released the "White Paper on the Trial of Labor Disputes in Daxing District (2021-2023)" at the briefing. It is understood that the volume of labor disputes in Daxing District is huge and increasing year by year, and more than seventy percent of labor disputes have been effectively handled in the arbitration stage, but the cases that have entered the litigation stage are generally contradictory and intense.
From 2021 to 2023, the Daxing Court accepted a total of 4,202 labor dispute cases in Daxing District, with a steady increase in the number of trials. These cases are characterized by a wide range of industries involved in litigation and strong cross-specialization, diversified employment forms and new forms of employment to be standardized, closely related economic environment and difficult to balance labor conflicts, labor dispute cases are greatly affected by the economic environment and are highly related to macroeconomic policies, flaws in labor management and the continuous increase in group litigation, and workers' awareness of rights protection is constantly increasing.
According to Zhang Bin, president of the First Civil Division of the Daxing People's Court, the Daxing Court has adopted the concept of building a professional trial team and releasing the "high efficiency of intensive trials"; "expert" judges will take the lead in promoting the professionalization and standardization of the trial of labor dispute cases, set up labor dispute circuit trial points and open a "fast lane" for source governance, and promote the integrated linkage of "initiation, adjudication and enforcement" to create a "new model" for substantive dispute resolution, innovate the working mechanism for the connection of adjudication and adjudication, and draw a "concentric circle" of harmonious labor relations; build a two-way interactive pattern between the government and the court, and explore the co-governance of grassroots society optimal solution" and other work measures to properly resolve labor disputes.
At the meeting, Jiang Yiqin, vice president of the First Civil Tribunal, and Zhang Xuewei, judge of the First Civil Division, reported seven typical cases of labor disputes, covering the illegal termination of the employer, job transfer, household compensation, labor relationship identification, social security, "one-stop" mediation of adjudication and adjudication, and "initiation, trial and execution". In a case of dismissal of an employee due to "performance elimination", Judge Jiang Yiqin reminded that although the employer has the right to operate and manage independently, the dismissal of the employee by the employer should follow the lawful reasons and due process, and it is not in accordance with the law to dismiss the employee on the grounds of "unsatisfactory performance". Employers should improve and standardize the performance appraisal system, carry out skills training for workers whose performance does not meet the standards, and help workers improve their professional skills, so as to promote the joint improvement of employees' personal abilities and the employer's benefits.
In a "one-stop" mediation case of adjudication and adjudication, Judge Zhang Xuewei introduced that in 2023, the Daxing Court and the Daxing Arbitration Commission will jointly establish a "one-stop" pre-litigation mediation mechanism for labor disputes, realizing the whole process of closed-loop services for rapid filing, efficient trial and linkage execution of labor dispute cases, and has mediated a total of 33 group labor disputes at the work site, further reducing the cost of protecting workers' rights, promoting the resolution of labor disputes at the source, and being recognized by the people.
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Contributed by: Daxing Court
Photo: An Jiaxu
Editor: An Jiaxu Xiao Fei
Review: Zhang Lei